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Madras High CourtWP/8895/2021disposed of

S.Ramasamy v. The State Of Tamil Nadu

2021-06-17Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 17..06..2021

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition No.8895 of 2021 1.S.Ramasamy 2.C.Rasu 3.P.Devendran 4.N.Boologam 5.A.Karunanidhi ... Petitioners -Versus1.The State of Tamil Nadu, Rep. by its Secretary, Department of Revenue and Disaster Management, St. Fort George, Chennai 600 009.

2.The District Collector, Cuddalore district.

3.The Revenue Divisional Officer, Virudhachalam Revenue Division, Cuddalore District.

4.The Tahsildar, Tittagudi Taluk, Cuddalore District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 2 to 4 to issue house site patta to the landless poor persons of Arunthathiyar community in survey No.218 Vathistapuram village Tittagudi Taluk Cuddalore District measuring an extent of 1.51 acres or (0.61.0 hectares) already identified and earmarked for the said purpose pursuant to a peace meeting agreement entered into on 14.04.2019 and the direction issued by 2nd respondent to the 3rd respondent in reference No.V1/ 15030/ 2019 dated 18.06.2019 within a time frame as may be fixed by this Court.

For Petitioner(s) : Mr.R.Veeramani For Respondent(s) : Mr.Yogesh Kannadasan, GA for RR1 to 4

ORDER

[This matter has been heard through video conference] This writ petition has been filed seeking a direction to the respondents 2 to 4 for issuance of house site patta to the landless poor persons of Arunthatiyar community in Survey No.218, Vathistapuram village, Tittagudi Taluk, Cuddalore District, pursuant to a peace meeting agreement entered into on 14.04.2019 and the direction issued by the respondent in reference No.VI/15030/2019 dated 18.06.2019.

2. The petitioners claim to be the persons belonging to Arunthatiyar, a scheduled caste community. The case of the petitioners is that earlier they made applications to the Revenue Divisional Officer in the year 1997 seeking free house site patta which were favorably considered and a proposal was also submitted to the District Revenue Officer, Cuddalore, on 20.04.1998 along with a list of beneficiaries numbering 45 to be granted assignment patta. Thereafter, as there was no action taken, the petitioners and others have been making representations continuously to the authorities concerned for assignment of land. While so, on 18.06.2019, the District Collector, Cuddalore, directed the Sub Collector, Virudhachalam to conduct an enquiry and submit a report by 20.06.2019.

Thereafter, the National Commission for SC/ST has also directed the District Collector, Cuddalore, to conduct an enquiry and submit a detailed report. Now, the grievance of the petitioners is that the request of the petitioner for allotment of house site has not been considered despite the proposal from the Revenue Divisional Officer concerned submitted as early as in the year 1998. Hence, this writ petition.

3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondents 1 to 4 and also perused the records carefully.

4. Considering the facts and circumstances of the case, more particularly, the proposal for house site patta to the landless poor persons of Arunthathiyar community has been pending with the authorities from the year 1998, the 2nd respondent is directed to consider the request of the 2nd petitioner for allotment of house site under the category of landless poor persons belonging to Arunthathiyar, a Scheduled Caste community, on merits and in accordance with law within a period of six

weeks from the date of receipt of a copy of this order. This writ petition is disposed of accordingly with the above directions. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar kmk To 1.The Secretary, Department of Revenue and Disaster Management, St. Fort George, Chennai 600 009.

2.The District Collector, Cuddalore district.

3.The Revenue Divisional Officer, Virudhachalam Revenue Division, Cuddalore District.

4.The Tahsildar, Tittagudi Taluk, Cuddalore District.

+1cc to Mr.R.Veeramani, Advocate, S.R.No.28217 +1cc to the Government Pleader, S.R.No.28432 Writ Petition No.8895 of 2021 PL(CO) CB(19/07/2021)